Section 175 Offence of tampering with meter.

England and Wales

(1)

If any person—

(a)

so interferes with a meter used by any relevant undertaker F1, water supply licensee or sewerage licensee in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or

(b)

carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2)

A person shall not be guilty of an offence under this section in respect of anything done by him with the F2appropriate consent .

F3(3)

In subsection (2) above, the “appropriate consent” means—

(a)

if the meter is used by one relevant undertaker, the consent of that undertaker;

(F4b)

if the meter is used by one water supply licensee, the consent of that licensee;

(ba)

if the meter is used by one sewerage licensee, the consent of that licensee;

(c)

if the meter is used by two or more of the following persons—

(i)

a relevant undertaker;

(F5ii)

a water supply licensee;

(iii)

a sewerage licensee,

the consent of each of those persons.

(4)

In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.

Annotations

Textual amendments

F1: Words in s. 175(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F2: Words in s. 175(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(3); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)
F3: S. 175(3)(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(4); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)
F4: S. 175(3)(b)(ba) substituted for s. 175(3)(b) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F5: S. 175(3)(c)(ii)(iii) substituted for s. 175(3)(c)(ii) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Notes on Part VI

Modifications

C1: Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)
C2: Part VI: saved (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4)(5), 17(2)